HomeMy WebLinkAbout20061771.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 17 AND AUTHORIZE CHAIR TO SIGN -
KURT AND DEANNE JANZ
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Nonexclusive License Agreementforthe
Upgrade and Maintenance of Weld County Road 17 Right-of-Way between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Kurt and Deanne Janz, 220 East Prospect Road,
Fort Collins, Colorado 80525, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Nonexclusive License Agreement for the Upgrade and Maintenance of
Weld County Road 17 Right-of-Way between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,on behalf of the Department of Public
Works, and Kurt and Deanne Janz be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of July, A.D., 2006.
ff BOARD OF COUNTY COMMISSIONERS
`A WELD COUNTY, COLORADO
ATTEST: gety /i• f XCUSED
t xg y �r . eile, Chair
Weld County Clerk to the a•, ' j�
David E. Long, Pro-Tem
BY: Ant
Dep Clerk the Board
W liam H. Jerke
,,FyREYsteb ASTOF ({►�J� V��
Robert D. asden
ounty Attorney I a
Glenn Vaad
Date of signature:
l�
2006-1771
EG0054
MEMORANDUM
1
CTO: Clerk to the Board DATE: June 27, 2006
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way with Kurt and Deanne Janz.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Peter Schei, Senior Engineer
Donald Carroll, Engineering Administrator
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2006-1771
116
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS ONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 5
day of , 2006, by and between WELD COUNTY, COLORADO, by and
through the oard of County Commissioners of Weld County,Colorado,whose address is 915 Tenth
Street, Greeley, Colorado 80631, as First Party, and Kurt Janz and Deanne Janz, as Second Party
whose address is 220 E Prospect Road, Fort Collins CO 80525.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the north %2
of the Northeast ''/a of Section 5, Township 8 North,Range 67 West of the 6th P.M. in Weld County,
Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 17 for a distance of
one mile south of WCR 100 and located as follows: 60 feet of right-of-way between Sections 32
and 33, Township 9 North, Range 67 West in the 6ch P.M. in Weld County, Colorado, which is
hereinafter referred to as "ROW," and
WHEREAS,First Party is the owner of the right-of-way known as WCR 98 for a distance of
/2 mile west of WCR 17 and located as follows: 60 feet of right-of-way between Section 32,
Township 9 North, Range 67 and Section 5, Township 8 North, Range 67 West in the 6`h P.M. in
Weld County, Colorado, which is hereinafter referred to as "ROW," and
WHEREAS, ROW is currently not being maintained by First Party, and
WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole
expense in order to provide said more effective access.
NOW,THEREFORE,in consideration of the covenants contained herein and the agreements
of said Second party to be performed hereunder, and upon the conditions herein stated, First Party
does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and
maintain ROW without gating or fencing across the same.
The conditions by which Second Party may upgrade and maintain ROW are as follows:
1. First Party retains the right to revoke this Nonexclusive License Agreement at any
time for any reason,but such revocation shall not prohibit Second Party's continued use of the ROW
for access to Second Party's property, to the extent that such continued use is consistent with the
right of the public to use the ROW. First Party shall give Second Party written notice of its intent to
revoke this Nonexclusive License Agreement at least ninety(90) days prior to the intended date of
revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above
or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second
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Party shall have the duty of informing First Party of Second Party's change in address from his
address written above.
2. The upgrade and maintenance of ROW by Second Party shall be done in such manner
as reasonably prescribed by First Party, which manner shall include, but not be limited to, the
following:
a. ROW shall be constructed and maintained as a graded and drained all-weather
road.
b. If the installation of a cross culvert is required through an existing drainage pattern or
ditch, Second Party shall be responsible to supply and install such culvert, which
shall be inspected by First Party to ensure adequacy of capacity,strength,and length.
Second Party shall be responsible to maintain the culvert after its installation,
including periodically cleaning the same.
c. If the installation of a cattle guard is required, Second Party shall be responsible to
supply and install such cattle guard, which shall meet County standards. Second
Party shall be responsible to maintain the cattle guard after its installation,including
periodically cleaning the same.
d. This Nonexclusive License Agreement does not grant the right to gate or fence
ROW for private use, but is intended to provide access to private property.
e. Prior to commending work within the ROW, Second Party shall, through the
services of a licensed registered surveyor hired and paid for by Second Party,
mark the location of the exterior boundaries of the ROW.
3. The upgrade and maintenance of the ROW by Second Party,including those items set
forth in Paragraph 1., above, or any other requirements stated by First Party, shall be at its own
expense and without the aid or use of Weld County funds. Second Party shall be responsible for
snow removal from ROW, if required to gain access, as part of the maintenance responsibilities
referred to herein.
4. Except for the negligence of First Party, Second Party shall indemnify and save
harmless First Party, its successors, assigns, employees, and agents from any damage or loss
sustained by them or any of them to the extent caused by Second Party's negligence with respect to
the upgrade and maintenance of the ROW.
5. Except for the negligence of First Party,Second Party agrees to protect First Party and
save and hold it harmless from any and all third party claims and damages that said upgrade and
maintenance may directly or indirectly cause to the extent attributable to the negligence of Second
Party. Second Party hereby releases First Party,its successors, assigns, employees,and agents from
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any and all claims and damages of whatsoever character to property owned by Second Party resulting
from any act, either on the part of the First Party or on the part of any third party.
6. Second Party shall not assign any or all of its rights under this Nonexclusive License
Agreement without first obtaining written consent to such assignment from First Party, which
consent shall not be unreasonably withheld.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral
representation,promise, or consideration different from the terms herein contained shall be binding
on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies
all agreements between the parties hereto and there are no promises,terms,conditions,or obligations
referring to the subject matter whereof other than as contained herein.
8. If any term or provision of this Nonexclusive License Agreement,or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this Nonexclusive License Agreement,or the application of such terms or provisions,to
a person or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this Nonexclusive License Agreement shall be
deemed valid and enforceable to the extent permitted by law.
9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess, nor shall any
portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did
not previously exist with respect to any person not a party to this Nonexclusive License Agreement.
10. It is expressly understood and agreed that the enforcement of the terms and conditions
of this Nonexclusive License Agreement, and all rights of action relating to such enforcement,shall
be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Nonexclusive License Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Nonexclusive
License Agreement shall be an incidental beneficiary only.
11. There shall be a$150 fee for the fabrication and installation of blue and white cross
roads signs identifying the section line road intersection for the use of addressing and emergency
response. The blue and white signs identify a non-maintained County right-of-way. Distance and
location from the nearest maintained County road may require additional information signs. If
existing signs are in place, the fee may be waived.
It is mutually understood and agreed that this Nonexclusive License Agreement and all the
terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors,
and assigns.
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
ATTEST: � `:� lEL :► • • tr OF COUNTY COMMISSIONERS
mid s %� D COUNTY, COLORADO
fit)572
Weld County Clerk to the Board
By. . 41V,' a 4 ► (LLB el s �
' Depu,Clerk -- -David E, Long , Chair pro-te
07/ /2006
SECOND PARTY:
KURT JANZ DEANNE JANZ
•
By: By:
SUBSCRIBED AND SWORN to before me this 1 day of I,,,,,,4_ , 200(0,
BY hn y Atiat&7
WITNESS my hand and official sealN
= �oTgq fY';A'_
` Notary Publ
My commission expires: = of cot..
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� Weld County Public Works Department
44 (; in 1111 H Street Mailing Address:
Greeley, CO 80632 P.O. Box 758
���• Phone: (970) 356-4000 x3750 Greeley, Colorado 80632
COLORADO or (970) 304-6496
FAX: (970) 304-6497
RECEIPT
Application/Permit Number: NP06-00066
Application/Permit Type: Miscellaneous/NA
Applicant Name: Kurt or DeAnne Janz/MHz Systems LLC
Applicant Address: 220 E Prospect Road
Fort Collins, CO 80525
Receipt Number: 1044
Payment Method: Check
Reference Number: 8470
Amount Paid: $400.00
Payment Date/Time: 06/27/06 01:06:32
Cashier: Marj Caudill
Comments: Non-Exclusive Lic. Agr. $100.00; fab and install blue and white
signs @ 150.00=$300.00 total $400.00
MHz Systems,GLC 8470 , T8108-o
Kurt Janz or DeAnne Janz Version 4.0
220E Prospect Rd 234/1020C"-- Fort Collins CO 80525
647 ex
970-482-2538 n
Pll io Tovk,./ d c ` o $ ,. . orS.
°HIFIlove/—/ oft yo //O�� 0ILLI KS fi
Wells Fargo Bank, N.A.
401 5.College aye.
F6Callins,CO 80524
Foi ,ec y398 _. M
1:.10 2OOOO 76': 4O9 5 i 2 19O811• 84 7
hap://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDe... 6/27/2006
INVOICE
Receipt No. PUBLIC WORKS PERMIT APPLICATION
DEVELOPMENT IMPACT FEES
Date: 4/20/2006 WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O.BOX 758
Account/Fund: GREELEY,CO 80632
970-3564000,EXT.3750
APPLICANT(SI
Applicant Owner KURT AND DEANNE JANZ
Street Address 220 E PROSPECT ROAD
City FT. COLLINS State CO Zip 80525 Phone Number Fax Number
970-897-2958
Subdivision Name Case#
RE-4398
Lot(s) A&B Block(s) Sections(s) Township(s) Range(s)
5 SN R67W
Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots
80±ACRES AGR AGR/RES 2
FEE SCHEDULE
QTY DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit(Subdivisions)
Dwelling units $150.00/lot
Non-Dwelling Units $750.00/lot
Offsite Road Agreements/Haul Route Agreement Review $500.00
Flood Hazard Development Permit $180.00
Storm Water Permit
$180.00
Geologic Hazard Permit $180.00
1 Non-exclusive License Agreements $100.00 100.00
2 Fabrication and Installation of Cross Road Sign(Blue&white) $150.00 300.00
` SUBTOTAL 400.00
r7 TOTAL DUE 400.00
Reviewed by: Title: ✓✓✓ Date:
❑ Cash o Check# o Money Order#
By Date:
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